Status Report

Text of Executive Order Re-Establishing The National Space Council

By SpaceRef Editor
June 30, 2017
Filed under , ,

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By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to provide a coordinated process for developing a national space policy and strategy and for monitoring its implementation, it is hereby ordered as follows:
Section 1.  Purpose.  This order is intended to re-establish the National Space Council (“the Council”) as an independent entity tasked with advising and assisting the President with national space policy and strategy.  Executive Order 12675 of April 20, 1989 (Establishing the National Space Council) created the Council, and the Council effectively ceased operation in 1993.  This order re-establishes the Council and provides additional details regarding the Council’s duties and responsibilities. 

Sec. 2.  Establishment and Composition of the National Space Council.

(a) There is established the National Space Council (“the Council”).
(b) The Council shall be composed of the following members:
(1) The Vice President, who shall be Chairman of the Council;
(2) The Secretary of State;
(3) The Secretary of Defense;
(4) The Secretary of Commerce;
(5) The Secretary of Transportation;
(6) The Director of the Office of Management and Budget;
(7) The Assistant to the President for National Security Affairs;
(8) The Director of the Office of Science and Technology Policy;
(9) The Director of National Intelligence;
(10) The Secretary of Homeland Security;
(11) The Assistant to the President for Homeland Security and Counterterrorism;
(12) The Administrator of the National Aeronautics and Space Administration;
(13) The Chairman of the Joint Chiefs of Staff; and
(14) The heads of other executive departments and agencies and other senior officials within the Executive Office of the President, as determined by the Chairman.

Sec. 3.  Functions of the Council.

(a) The Council shall advise and assist the President on national space policy and strategy, and perform such other duties as the President may, from time to time, prescribe.

(b) In addition, the Council is directed to:
(1) review United States Government space policy, including long-range goals, and develop a strategy for national space activities;
(2) develop recommendations for the President on space policy and space-related issues;
(3) monitor and coordinate implementation of the objectives of the President’s national space policy by executive departments and agencies; and
(4) foster close coordination, cooperation, and technology and information exchange among the civil, national security, and commercial space sectors, and facilitate resolution of differences concerning major space and space-related policy issues.

(c) The creation and operation of the Council shall not interfere with existing lines of authority and responsibilities in the departments and agencies.

Sec. 4.  Responsibilities of the Chairman.

(a) The Chairman shall serve as the President’s principal advisor on national space policy and strategy.

(b) The Chairman shall, in consultation with the members of the Council, establish procedures for the Council and establish the agenda for Council activities.

(c) The Chairman shall report to the President on the activities and recommendations of the Council.  The Chairman shall advise the Council as appropriate regarding the President’s directions with respect to the Council’s activities and national space policy generally.

(d) The Chairman may recommend to the President candidates for the position of Executive Secretary of the Council.

(e) The Chairman, or upon his direction, the Executive Secretary, may, from time to time, invite the heads of other executive departments and agencies, other senior officials in the Executive Office of the President, or others to participate in meetings of the Council.

(f) The Chairman shall authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials invited to participate in Council meetings, as he deems necessary or appropriate for the efficient conduct of Council functions.

Sec. 5.  National Space Policy Planning Process.

(a) The process set forth in National Security Presidential Memorandum-4 (NSPM-4), of April 7, 2017, may be used to govern meetings of the Council. 

(b) To implement this process, each agency represented on the Council shall provide such information regarding its current and planned space activities as the Chairman shall request.

(c) The head of each executive department and agency shall ensure that its space-related activities conform to national space policy and strategy.

(d) The National Security Council staff established in NSPM-4 of April 7, 2017, shall support the Council in the performance of the Council’s duties.

Sec. 6.  Establishment of Users’ Advisory Group.

(a) The Council shall establish a Users’ Advisory Group composed of non-Federal representatives of industries and other persons involved in aeronautical and space activities.

(b) Members of the Users’ Advisory Group shall serve without any compensation for their work on the Users’ Advisory Group.  Members of the Users’ Advisory Group appointed from among private citizens of the United States, while engaged in the work of the Users’ Advisory Group, may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in Government service (5 U.S.C. 5701-5707), consistent with the availability of funds.

(c) The Vice President shall name a chairman of the Users’ Advisory Group.

(d) The Council shall from time to time, but not less than once a year, meet with the Users’ Advisory Group.

(e) The function of the Users’ Advisory Group shall be to ensure that the interests of industries and other non-Federal entities involved in space activities, including in particular commercial entities, are adequately represented in the Council.  The Users’ Advisory Group shall report directly to the Council, and shall not provide advice or work product directly to any Federal official or agency.

(f) The Users’ Advisory Group may be assisted by personnel detailed to the Council.

(g) Pursuant to Pub. L. No. 101-611, title I, § 121, the Users’ Advisory Group shall not be subject to section 14(a)(2) of the Federal Advisory Committee Act.

Sec. 7.  Administrative Provisions.

(a) The Office of Administration in the Executive Office of the President shall provide the Council with such administrative support on a non-reimbursable basis as may be necessary for the performance of the functions of the Council.

(b) To the extent practicable and permitted by law, executive departments and agencies serving on the Council and interagency councils and committees having an impact on space policy shall make resources, including, but not limited to, personnel, office support, and printing, available to the Council as requested by the Chairman or, upon his direction, the Executive Secretary.

(c) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.

Sec. 8.  Report. 

The Council shall submit an annual report to the President setting forth its assessment of and recommendations for the space policy and strategy of the United States Government.

Sec. 9.  General Provisions. 

(a)  This order supersedes Executive Order 12675 of April 20, 1989 (Establishing the National Space Council), and therefore Executive Order 12675 is hereby revoked.  No other prior Executive Orders are repealed by this order.  To the extent that this order is inconsistent with any provision of any prior Executive Order or Presidential Memorandum, this order shall control.

(b)  If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party (other than by the United States) against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  The definitions set forth in this order are solely applicable to the terms of this order, and are not otherwise intended to impair or affect existing law.

(e)  Nothing in this order shall be construed to impair or otherwise affect:
(1)  the authority granted by law to an executive department or agency, or the head thereof; or
(2)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(f)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.



[Date TBD].

SpaceRef staff editor.